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Iowa Court May Order Microsoft Refunds

Posted by timothy on from the prime-winners-are-the-lawyers dept.

dowobeha writes: "The Des Moines Register is reporting that thousands of Windows 98 users in Iowa could get $40 refunds from Microsoft. The Iowa Supreme Court has found the big boys from Redmond guilty of price fixing in violation of a 1976 Iowa law. According to the report, this is the first antitrust ruling in any state that favors 'indirect purchasers' (regular consumers who got Windows preinstalled on their newly purchased computer) rather than "direct purchasers" (manufacturers who license Windows to distribute on new machines)."

9 of 316 comments (clear)

  1. Consumers, not states, brought the case by baronben · · Score: 5, Interesting
    Its interesting that in this case, it was consumners, the artical mentiones a vending company and various other consumers that sued microsoft for price fixing, and not the states suing microsoft for anti-trust violations. This might be an interesting route to go if the State's case somehow gets dismissed or otherwised redered void.

    It would be interesting to see how this would work in other states, but it would be difficult seeing as the case was based on state, not federal, law.

    --
    Sleep is for the weak!
  2. Re:Is it too late to move to Iowa? by Stackis · · Score: 2, Interesting
    Being from eastern Iowa, I can say that it's a great place to live....but not a great place to work.

    That'swhy I moved first to WA State, and now on the Southern Coast of Cali...

    One place I visited that I would never want to live is WHYoming :)

    --

    "Look where we worship" -- Jim Morrison
  3. Is Iowa the only one? by S810 · · Score: 2, Interesting

    Just curious if Iowa is the only state with this law?

    --
    "I think you know what I'm talkin' about, Mr. President; We're gonna kill us a mummy!" - Bruce Campbell as Elvis Presley
  4. Iowa and Political Power by namespan · · Score: 5, Interesting

    Iowa is an interesting state. It's got a relatively small population, which at one point was even the fastest shrinking population of any state in the US -- this in a time of urban sprawl and growth mentality. This could have made it politically marginal, but by cleverly arranging early caucuses there, they're suddenly important.

    One wonders if this isn't another realization of the power of precedent setting, and perhaps a manifestation of that rumored Midwestern common sense. :)

    --
    Libertarianism is rich wolves and poor sheep playing gambler's ruin for dinner.
  5. Well *I* think it's a good idea... by Ungrounded+Lightning · · Score: 4, Interesting

    I don't think this is a good idea. The point should be to change certain behavior in the future, and perhaps to punish them for what they did in the past. It is not to give out mass refunds to computer users, who really did have a choice in the end.

    Well *I* think mass refunds ARE a good idea. A slap on the wrist that causes no pain is not very effective at changing future behavior. "First you get his attention."

    As for "really did have a choice in the end", what choice? I've bought at least three computers with included Windows that I've never used, because there was no way to get a computer of similar characteristics WITHOUT bundled Windows due to Microsoft's anticompetitive practices. The ELUA that appeared on the screen when I booted 'em always said if you don't like it, don't use it and you get a refund. I've spent hours per machine trying to get that money refunded and have yet to see a cent.

    I've always thought that one of the sanctions against Microsoft from the antitrust trial should be requiring them to set up a refund center for people who didn't use the bundled Windows and hadn't been given a refund, requiring them to return the entire added cost (including the computer company's and retailer's markup, and a bit extra for the user's time and trouble applying for the refund).

    THAT would be the appropriate sanction for forcing the manufacturers to chose between charging for Windows on all their machines or having it on none.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  6. Re:here we go with the Iowa jokes... by Digitech · · Score: 2, Interesting

    That's not entirely accurate. I beleive that ENIAC was the first digital computer, but it used base-10 logic instead of binary. The ABC was the first binary computer, and it was built at Iowa State University. A court case later on (1973) decided that the patent for the electronic computer went to Iowa State because it was more like the computers that were being developed.

  7. Re:Is it too late to move to Iowa? by Das_Trench · · Score: 2, Interesting
    Being from eastern Iowa, I can say that it's a great place to live....but not a great place to work.

    I agree, I too am from Eastern Iowa and I recall that the jobs market is mostly service/ag/telemarketing.

    yay

    Now am I eligible if I bought my pc in Iowa and then moved?
  8. Re:here we go with the Iowa jokes... by Ooblek · · Score: 2, Interesting
    I doubt Babbage was anywhere near Iowa when he invented the digital computer.

    Now, unless I'm misinformed (wouldn't be the first time), the University of Pennsylvania made the ENIAC as the first electronic digital computer.

    So what computer is it that you are referring to?

  9. Government Regulation will kill MS by vladedivac · · Score: 2, Interesting

    I used to work at MS, and now I work at a Pharmaceutical company. I'll tell you right now that if MS had to go through the rigorous federally mandated red tape that is pretty evident around here, software prices would go through the roof, and no one would ever develop software because it would be WAY to expensive. ~Vlade